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Appeals court weighs Trump’s arguments to withhold records

Appeals

Every other president would have had their right to keeping records from being made public upheld as administrative privilege, this move shows the intense hatred for Donald Trump, or is it fear? Trump’s Lawyers will try and persuade a federal appeals court to stop Democrats in Congress from obtaining records held in private by the former president’s administration concerning the Jan. 6 demonstration at the capital. As reported by the AP:

Trump’s attorneys want the court to reverse a federal judge’s ruling allowing the National Archives and Records Administration to turn over the records

WASHINGTON (AP) — Former President Donald Trump’s lawyers will try to persuade a federal appeals court to stop Congress from receiving call logs, drafts of speeches and other documents related to the Jan. 6 insurrection at the U.S. Capitol led by his supporters.

FILE – In this Jan. 6, 2021, photo, insurrections loyal to President Donald Trump riot outside the Capitol in Washington. Trump’s lawyers on Tuesday will try to persuade a federal appeals court to stop Congress from receiving call logs, drafts of speeches and other documents related to the Jan. 6 insurrection led by his supporters. (AP Photo/John Minchillo, File)

The U.S. Court of Appeals for the District of Columbia Circuit will hear arguments Tuesday from lawyers for Trump and the House committee seeking the records as part of its investigation into the riot.

Trump’s attorneys want the court to reverse a federal judge’s ruling allowing the National Archives and Records Administration to turn over the records after President Joe Biden waived executive privilege. Judge Tanya Chutkan rejected Trump’s claims that he could exert executive privilege overriding Biden, noting in part, “Presidents are not kings, and Plaintiff is not president.” The appeals court issued an administrative stay after Chutkan’s ruling to review the case.

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FILE – President Donald Trump arrives to speak at a rally in Washington, on Jan. 6, 2021. A federal judge has rejected former President Donald Trump’s request to block the release of documents to the House committee investigating the Jan. 6 Capitol riot. U.S. District Judge Tanya Chutkan on Tuesday, Nov. 9 declined to issue a preliminary injunction sought by Trump’s lawyers. (AP Photo/Jacquelyn Martin, File)

Democratic presidents nominated all three judges who will hear arguments Tuesday. Patricia Millett and Robert Wilkins were nominated by President Barack Obama, and Ketanji Brown Jackson is a Biden appointee.

Given the stakes of the case, either side is likely to appeal to the Supreme Court.

In their appeal to the circuit court, Trump’s lawyers said they agreed with Chutkan that presidents were not kings. “True, but in that same vein, Congress is not Parliament — a legislative body with supreme and unchecked constitutional power over the operations of government,” they wrote.

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FILE – In this Jan. 6, 2021 file photo, violent protesters, loyal to President Donald Trump, storm the Capitol in Washington. A House committee tasked with investigating the Jan. 6 Capitol insurrection is moving swiftly to hold at least one of Donald Trump’s allies, former White House aide Steve Bannon, in contempt. That’s happening as the former president is pushing back on the probe in a new lawsuit. (AP Photo/John Minchillo)

Trump has argued that records of his deliberations on Jan. 6 must be withheld to protect executive privilege for future presidents and that the Democrat-led House is primarily driven by politics. The House committee’s lawyers rejected those arguments and called Trump’s attempts to assert executive privilege “unprecedented and deeply flawed.”

“It is difficult to imagine a more critical subject for Congressional investigation, and Mr. Trump’s arguments cannot overcome Congress’s pressing need,” the committee’s lawyers said.

By NOMAAN MERCHANT

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